Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case
Pranav B Prem
The Kerala High Court, on January 14, 2025, granted bail to Boby Chemmanur in a sexual harassment case filed by a Malayalam actress. Justice P.V. Kunhikrishnan, while allowing the bail application, emphasized that any repeat offense would result in the cancellation of bail.
Case Background
The case arose from an incident during the inauguration of a jewellery showroom in Kannur, where Boby Chemmanur allegedly harassed the complainant by making inappropriate gestures and comments. It was further alleged that he made sexually suggestive remarks on social media and YouTube following the event. The accused was charged under Section 75(1) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology Act, both of which attract imprisonment of less than seven years. The Court noted the principle laid down in Arnesh Kumar v. State of Bihar (2014), which prohibits arrest without justification for offenses carrying imprisonment of seven years or less.
Observations by the Court
Justice Kunhikrishnan found prima facie materials to support the allegations, stating: “Any Malayalee who reads the First Information Statement can easily understand that the words used by the petitioner are with double meanings. Therefore, the ingredients of the offenses alleged are prima facie attracted.”
The Court also condemned body shaming in its remarks: “Body shaming is not acceptable in our society. Comments about the body of a person—be it too fat, too skinny, too short, or too tall—should be avoided. Everyone must be vigilant while making comments about others.”
Bail Conditions
The Court imposed the following conditions while granting bail:
- Boby Chemmanur must execute a bond of ₹50,000 with two solvent sureties.
- He must cooperate with the investigation and appear before the investigating officer when required.
- He must not directly or indirectly intimidate or influence witnesses.
- He must refrain from committing any similar offenses.
The Court also allowed the prosecution and the victim to approach the jurisdictional court to cancel the bail if any conditions were violated.
Arguments and Counterarguments
The prosecution argued against bail, asserting that granting bail in such cases sends the wrong message to society, especially when the accused is a public figure with a significant following. The prosecution also presented a video where the accused demonstrated the complainant’s body structure, reinforcing the claim of inappropriate behavior.
The defense argued that the allegations lacked substance and pointed to the complainant's conduct after the alleged incident to suggest there was no grievance initially. However, the Court dismissed this argument, noting that the complainant’s silence during the incident reflected her decency rather than consent.
Legal Precedents Cited
The Court relied on the principle that “bail is the rule, and jail is the exception,” as emphasized in rulings like Chidambaram P. v. Directorate of Enforcement and Jalaluddin Khan v. Union of India.
Cause Title: C. D. Boby @ Boby Chemmanur v State of Kerala
Case No: Bail Application 535/ 2025
Date: January-14-2025
Bench: Justice P.V. Kunhikrishnan
[Read/Download order]
